The Town of Oakville appealed the dismissal of charges against a mobile sign company for violating the town's sign by-law.
The trial judge found section 39(3) of the by-law, which restricted third-party advertising signs to E1 and E2 industrial zones, violated freedom of expression under the Canadian Charter of Rights and Freedoms and was not justified under section 1.
The appellate court reversed, finding the trial judge erred in failing to accord appropriate deference to municipal policy decisions, mischaracterizing the nature of commercial expression, and failing to properly apply the minimal impairment test under the Oakes framework.
The court upheld the by-law as rationally connected to legitimate municipal objectives and proportionate to those objectives.
